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Segami

(14,923 posts)
Fri Jan 17, 2014, 09:28 AM Jan 2014

Professor: Christie Hired Legal Team To DETERMINE What’s PRIVILEGED In GWB Investigation







Gov. Chris Christie has hired his own legal team to assist with document retention and production in the investigation into the George Washington Bridge lane closures. Seton Hall Associate Political Science Professor Robert Pallitto told NJTV News Anchor Harry Martin that damaging information is more likely to come out during the legislative investigation process. Pallitto said that the governor hiring his own legal team means that Christie wants to be sure about what is releasable in the investigation and what he can properly claim as privileged or not releasable.



As for the use of executive privilege, Pallitto said that it is more commonly used in federal law, concerning the president and the federal executive branch. An example he used as the most famous case of using executive privilege is the President Nixon case, where Nixon tried to keep certain records when he was being investigated, saying that they fell under executive privilege because they were part of the process of getting advice from counselors, so he didn’t have to divulge the records to the court.



Pallitto said there are differences between the New Jersey Constitution and the Federal Constitution, but the powers of the legislature and the executive branch are the same. “The legislature has a power to inquire through commission like Congress does and the executive has the power to carry out his or her duties and those are the two constitutional provisions that usually clash in executive privilege cases. The New Jersey courts have sometimes addressed executive privilege or the power of the executive to keep documents secret. It’s just that the law is not as well developed and since it’s not as well developed, there’s more discretion for the courts,” Pallitto said.



Executive privilege is simply a creation of the courts and the courts theoretically could take it away or restrict it, Pallitto said. He said New Jersey has the Open Public Records Act (OPRA) and it creates the presumption that public records belong to the public, so they should be released to the public. But there are exceptions.



cont'


http://www.njtvonline.org/news/video/pallitto-says-damaging-info-will-come-during-legislative-investigation-of-gov-christie/
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Berlum

(7,044 posts)
1. Standard Republicon OCCULTISM
Fri Jan 17, 2014, 09:29 AM
Jan 2014

Hide as much shit as you can from the public.

"It's, um, you know, privileged shit because we are Republicons and, um, Republicons are special. IOKIYAR."

- Gov. Christie (R - Occultist)

Ptooey on Republicon Occultism.

%3Fw%3D490

Berlum

(7,044 posts)
7. The Republicon War on Truth
Fri Jan 17, 2014, 10:49 AM
Jan 2014

Repubbies got their War on Women, their War on Gays, their War on Blacks, their War on the Poor, War on Science, War on Climate Change Reality, and of course their ongoing epic gawdforsaken, darkside War on the Truth. All of which they are losing. The only things they are competent at are FAIL & FUDGE.

rurallib

(64,688 posts)
6. Agree - and I can't imagine a more public or straight forward
Fri Jan 17, 2014, 10:04 AM
Jan 2014

government action than re-routing traffic. Can't even imagine what if anything could possibly be ruled private in a decision to reroute traffic.

Ikonoklast

(23,973 posts)
9. Ayup. The bullet he thinks he's dodging is not the one that's going to get him.
Fri Jan 17, 2014, 11:43 AM
Jan 2014

Matters not, one or more of his underlings is going to be the torpedo that sinks the S.S. Christie.

ProSense

(116,464 posts)
5. Enter The Alligator: Christie's Bridge Lawyer Has A 'Merciless' Reputation
Fri Jan 17, 2014, 10:01 AM
Jan 2014
Enter The Alligator: Christie's Bridge Lawyer Has A 'Merciless' Reputation
http://talkingpointsmemo.com/muckraker/randy-mastro-christie-bridge

Player in NJ Bridge Scandal Will Talk for Immunity
http://www.democraticunderground.com/10024345850

Ikonoklast

(23,973 posts)
10. Looks like he'll be pounding the table a lot.
Fri Jan 17, 2014, 11:48 AM
Jan 2014

Because the facts of the case will be pounding any defense he will try to muster.

Baitball Blogger

(52,353 posts)
8. Wasn't the whole concept of privilege established during the Whitewater investigation?
Fri Jan 17, 2014, 11:04 AM
Jan 2014

The answer is, nothing is privileged. Not even the notes of the lawyer.

spanone

(141,630 posts)
12. hope the good folks of new jersey don't have to pick up his attorney fees
Fri Jan 17, 2014, 11:52 AM
Jan 2014

i'm sure they'll be massive

librechik

(30,957 posts)
13. I guess you can do that when you are the chief executive of the state
Fri Jan 17, 2014, 11:58 AM
Jan 2014

you are being investigated in…

COI, anyone?

Solly Mack

(96,944 posts)
15. During his State of the State, Christie said
Fri Jan 17, 2014, 12:00 PM
Jan 2014

"Without a doubt we will cooperate with all appropriate inquiries..."

And I took that to mean that he will be the one that determines what is and isn't an appropriate inquiry.

Attempting to prevent disclosure of records is part and parcel to that.

Ask for info he doesn't want to give out? Well, that's an inappropriate inquiry.

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